Class 1 After Midterm

Question 1

Fairness to ________
1. To the tribunal
2. To opposing counsel and parties
3. To third parties

Answer 1

adjudication

Question 2

Fairness to Adjudication
1. ?
2.
3.

Answer 2

1. To the Tribunal

Question 3

Fairness to Adjudication
1.
2. ?
3.

Answer 3

2. To opposing counsel and parties

Question 4

Fairness to Adjudication
1.
2.
3. ?

Answer 4

3. To third parties

Question 5

Tension between client and profession you have to subvert one duty over the other. In this instance most of the time the duty to the _________ wins. _______ to the _______ and process will win.

Answer 5

candor to the tribunal
profession

Question 6

As a ___________ ____ ________, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 6

representative of clients

Question 7

As a representative of clients, a _______ _______ _____ ______. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 7

lawyer performs various functions

Question 8

As a representative of clients, a lawyer performs various functions. As ________, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 8

advisor

Question 9

As a representative of clients, a lawyer performs various functions. As advisor, a _________ ________ a ________ with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 9

lawyer provides a client

Question 10

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an ________ _________ of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 10

informed understanding

Question 11

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the _______ _____ ______ and _________ and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 11

client’s legal rights and obligations

Question 12

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and _________ their ________ ___________. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 12

explains

practical implications

Question 13

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As ________, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 13

advocate

Question 14

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer ____________ asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 14

zealously

Question 15

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously ________ the ______ ________ under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 15

asserts

client’s position

Question 16

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the _______ of the ______ _____. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 16

rules

adversary system

Question 17

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As _________, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 17

negotiator

Question 18

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result ___________ to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 18

advantageous

Question 19

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of ______ _________ with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 19

honest dealings

Question 20

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an ________, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 20

evaluator

Question 21

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by _________ a ______ ___ ______ and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 21

examining
client’s legal affairs

Question 22

As a representative of clients, a lawyer performs various functions. As advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an evaluator, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC ___________.

Answer 22

Preamble ¶ 2.

Question 23

As a ________ ____ ______, a lawyer performs various functions. As ________, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As _______, a lawyer zealously asserts the client’s position under the rules of the adversary system. As _________, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealings with others. As an _________, a lawyer acts by examining a client’s legal affairs and reporting about them to the client or to others. MRPC Preamble ¶ 2.

Answer 23

representative of clients

advisor

advocate

negotiator

evaluator

Question 24

________ _________ (does not equal) Zealot

Answer 24

Zealous Advocacy

Question 25

Zealous Advocacy (does not equal) ______

Answer 25

Zealot

Question 26

ABA Ethics Opinion _____-_____ Rule 1.2(d) has always implicitly required inquiry and assessment of facts and circumstances of representation (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 26

23-508

Question 27

ABA Ethics Opinion 23-508 Rule ________ has always implicitly required inquiry and assessment of facts and circumstances of representation (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 27

1.2(d)

Question 28

ABA Ethics Opinion 23-508 Rule 1.2(d) has always _______ ________ inquiry and assessment of facts and circumstances of representation (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 28

implicitly required

Question 29

ABA Ethics Opinion 23-508 Rule 1.2(d) has always implicitly required ________ and ________ of facts and circumstances of representation (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 29

inquiry and assessment

Question 30

ABA Ethics Opinion 23-508 Rule 1.2(d) has always implicitly required inquiry and assessment of ______ and _________ of representation (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 30

facts and circumstances

Question 31

ABA Ethics Opinion 23-508 Rule 1.2(d) has always implicitly required inquiry and assessment of facts and circumstances of ___________ (to avoid advising/ assisting in criminal or fraudulent conduct).

Answer 31

representation

Question 32

ABA Ethics Opinion 23-508 Rule 1.2(d) has always implicitly required inquiry and assessment of facts and circumstances of representation (to avoid advising/ assisting in criminal or fraudulent conduct). March 2023 duty to inquire and assess the facts and circumstances of a representation was made ________________________________.

Answer 32

Made explicit by amendments to Rule 1.16.

Question 33

______ ________ that their services will further a client’s criminal or fraudulent activity, the lawyer must decline the representation

Answer 33

Actual Knowledge

Question 34

"Actual Knowledge” that their services will further a client’s _________ or _________ activity, the lawyer must decline the representation

Answer 34

criminal or fraudulent

Question 35

Actual Knowledge” that their services will further a client’s criminal or fraudulent activity, the lawyer _____ _______ the representation

Answer 35

must decline

Question 36

___________ that there is a high probability that their services will further client criminal or fraudulent activity, the lawyer’s conscious and deliberate choice not to inquire an assess further represents the “knowing assistance of criminal or fraudulent activity”

Answer 36

Knowledge

Question 37

Knowledge that there is a _____ _________ that their services will further client criminal or fraudulent activity, the lawyer’s conscious and deliberate choice not to inquire an assess further represents the “knowing assistance of criminal or fraudulent activity”

Answer 37

high probability

Question 38

Knowledge that there is a high probability that their services will further client ________ or _________ activity, the lawyer’s conscious and deliberate choice not to inquire an assess further represents the “knowing assistance of criminal or fraudulent activity”

Answer 38

criminal or fraudulent

Question 39

Lawyer's investigation must be _________ rather than perfunctory.

Answer 39

reasonable

Question 40

Lawyers do not have to resolve all _______, according to the opinion.

Answer 40

doubts